ORS Chapter 162
Chapter 162 — OffensesAgainst the State and Public Justice
2009 EDITION
STATEAND PUBLIC JUSTICE OFFENSES
CRIMESAND PUNISHMENTS
DEFINITIONS
162.005 Definitionsfor ORS 162.005 to 162.425
BRIBERY
162.015 Bribegiving
162.025 Bribereceiving
162.035 Briberydefenses
PERJURYAND RELATED OFFENSES
162.055 Definitionsfor ORS 162.055 to 162.425
162.065 Perjury
162.075 Falseswearing
162.085 Unswornfalsification
162.095 Defensesto perjury and false swearing limited
162.105 Retractionas defense
162.115 Corroborationof falsity required
162.117 Publicinvestment fraud
162.118 Illegalconduct by State Treasury not a defense
162.119 Publicfraud as racketeering activity
162.121 Constructionof ORS 162.117 to 162.121
ESCAPE,SUPPLYING CONTRABAND AND FAILURE TO APPEAR
162.135 Definitionsfor ORS 162.135 to 162.205
162.145 Escapein the third degree
162.155 Escapein the second degree
162.165 Escapein the first degree
162.175 Unauthorizeddeparture
162.185 Supplyingcontraband
162.193 Failureto appear; counsel for defendant cannot be witness; exception
162.195 Failureto appear in the second degree
162.205 Failureto appear in the first degree
OBSTRUCTINGGOVERNMENTAL ADMINISTRATION
162.225 Definitionsfor ORS 162.225 to 162.375
162.235 Obstructinggovernmental or judicial administration
162.245 Refusingto assist a peace officer
162.247 Interferingwith a peace officer or parole and probation officer
162.255 Refusingto assist in fire-fighting operations
162.257 Interferingwith a firefighter or emergency medical technician
162.265 Bribinga witness
162.275 Bribereceiving by a witness
162.285 Tamperingwith a witness
162.295 Tamperingwith physical evidence
162.305 Tamperingwith public records
162.315 Resistingarrest
162.325 Hinderingprosecution
162.335 Compounding
162.345 Defensesfor hindering or compounding limited
162.355 Simulatinglegal process
162.365 Criminalimpersonation
162.367 Criminalimpersonation of peace officer
162.369 Possessionof false law enforcement identification card
162.375 Initiatinga false report
162.385 Givingfalse information to peace officer for a citation or arrest on a warrant
ABUSEOF PUBLIC OFFICE
162.405 Officialmisconduct in the second degree
162.415 Officialmisconduct in the first degree
162.425 Misuseof confidential information
INTERFERENCEWITH LEGISLATIVE OPERATIONS
162.455 Interferingwith legislative operations
162.465 Unlawfullegislative lobbying
DEFINITIONS
162.005Definitions for ORS 162.005 to 162.425. As used in ORS 162.005 to 162.425,unless the context requires otherwise:
(1)“Pecuniary benefit” means gain or advantage to the beneficiary or to a thirdperson pursuant to the desire or consent of the beneficiary, in the form ofmoney, property, commercial interests or economic gain, but does not include apolitical campaign contribution reported in accordance with ORS chapter 260.
(2)“Public servant” means:
(a)A public official as defined in ORS 244.020;
(b)A person serving as an advisor, consultant or assistant at the request ordirection of the state, any political subdivision thereof or of anygovernmental instrumentality within the state;
(c)A person nominated, elected or appointed to become a public servant, althoughnot yet occupying the position; and
(d)Jurors. [1971 c.743 §178; 2007 c.865 §22]
162.010 [Repealed by1971 c.743 §432]
BRIBERY
162.015Bribe giving.(1) A person commits the crime of bribe giving if the person offers, confers oragrees to confer any pecuniary benefit upon a public servant with the intent toinfluence the public servant’s vote, opinion, judgment, action, decision orexercise of discretion in an official capacity.
(2)Bribe giving is a Class B felony. [1971 c.743 §179]
162.020 [Repealed by1971 c.743 §432]
162.025Bribe receiving.(1) A public servant commits the crime of bribe receiving if the publicservant:
(a)Solicits any pecuniary benefit with the intent that the vote, opinion,judgment, action, decision or exercise of discretion as a public servant willthereby be influenced; or
(b)Accepts or agrees to accept any pecuniary benefit upon an agreement orunderstanding that the vote, opinion, judgment, action, decision or exercise ofdiscretion as a public servant will thereby be influenced.
(2)Bribe receiving is a Class B felony. [1971 c.743 §180]
162.030 [Amended by1963 c.625 §3; repealed by 1971 c.743 §432]
162.035Bribery defenses.(1) In any prosecution under ORS 162.015, it is a defense that the defendantoffered, conferred or agreed to confer the pecuniary benefit as a result of thepublic servant’s conduct constituting extortion or coercion.
(2)It is no defense to a prosecution under ORS 162.015 and 162.025 that the personsought to be influenced was not qualified to act in the desired way, whetherbecause the person had not assumed office, lacked jurisdiction or for any otherreason. [1971 c.743 §181]
162.040 [Repealed by1971 c.743 §432]
PERJURYAND RELATED OFFENSES
162.055Definitions for ORS 162.055 to 162.425. As used in ORS 162.055 to 162.425 and162.465, unless the context requires otherwise:
(1)“Benefit” means gain or advantage to the beneficiary or to a third personpursuant to the desire or consent of the beneficiary.
(2)“Material” means that which could have affected the course or outcome of anyproceeding or transaction. Whether a false statement is “material” in a givenfactual situation is a question of law.
(3)“Statement” means any representation of fact and includes a representation ofopinion, belief or other state of mind where the representation clearly relatesto state of mind apart from or in addition to any facts which are the subjectof the representation.
(4)“Sworn statement” means any statement that attests to the truth of what isstated and that is knowingly given under any form of oath or affirmation or bydeclaration under penalty of perjury as described in ORCP 1 E. [1971 c.743 §182;1981 c.892 §90; 2003 c.194 §4]
162.065Perjury.(1) A person commits the crime of perjury if the person makes a false swornstatement in regard to a material issue, knowing it to be false.
(2)Perjury is a Class C felony. [1971 c.743 §183]
162.075False swearing.(1) A person commits the crime of false swearing if the person makes a falsesworn statement, knowing it to be false.
(2)False swearing is a Class A misdemeanor. [1971 c.743 §184]
162.085Unsworn falsification. (1) A person commits the crime of unswornfalsification if the person knowingly makes any false written statement to apublic servant in connection with an application for any benefit.
(2)Unsworn falsification is a Class B misdemeanor. [1971 c.743 §185]
162.095Defenses to perjury and false swearing limited. It is nodefense to a prosecution for perjury or false swearing that:
(1)The statement was inadmissible under the rules of evidence; or
(2)The oath or affirmation was taken or administered in an irregular manner; or
(3)The defendant mistakenly believed the false statement to be immaterial. [1971c.743 §186]
162.105Retraction as defense. (1) It is a defense to a prosecution for perjury orfalse swearing committed in an official proceeding that the defendant retractedthe false statement:
(a)In a manner showing a complete and voluntary retraction of the prior falsestatement; and
(b)During the course of the same official proceeding in which it was made; and
(c)Before the subject matter of the official proceeding is submitted to theultimate trier of fact.
(2)“Official proceeding,” as used in this section, means a proceeding before anyjudicial, legislative or administrative body or officer, wherein swornstatements are received, and includes any referee, hearing examiner,commissioner, notary or other person taking sworn statements in connection withsuch proceedings. Statements made in separate stages of the same trial oradministrative proceeding shall be considered to have been made in the courseof the same proceeding. [1971 c.743 §187]
162.110 [Repealed by1971 c.743 §432]
162.115Corroboration of falsity required. In any prosecution for perjury or falseswearing, falsity of a statement may not be established solely throughcontradiction by the testimony of a single witness. [1971 c.743 §188]
162.117Public investment fraud. (1) A person commits the crime of public investmentfraud if, for the purpose of influencing in any way the action of the StateTreasury, the person knowingly makes any false statement or report.
(2)Public investment fraud is a Class B felony.
(3)Public investment fraud shall be classified as crime category 6 of thesentencing guidelines grid of the Oregon Criminal Justice Commission.
(4)As used in this section, “action of the State Treasury” includes anyapplication, advance, discount, purchase, purchase agreement, repurchaseagreement, commitment or loan, or any change or extension of any of them, byrenewal, deferment of action or otherwise, or the acceptance, release orsubstitution of security therefor. [1993 c.768 §1]
Note: 162.117,162.118, 162.119 and 162.121 were enacted into law by the Legislative Assemblybut were not added to or made a part of ORS chapter 162 or any series thereinby legislative action. See Preface to Oregon Revised Statutes for furtherexplanation.
162.118Illegal conduct by State Treasury not a defense. Illegal conductby the State Treasury or any of its employees or agents shall not be a defensefor any person charged with the crime of public investment fraud or to anyperson against whom any civil action is brought under ORS 30.862 and 162.117 to162.121. [1993 c.768 §2]
Note: See note under162.117.
162.119Public fraud as racketeering activity. (1) Conduct constituting a violation ofORS 162.117 shall be an incident of racketeering activity for purposes ofcriminal actions brought under ORS 166.715 to 166.735.
(2)Conduct giving rise to the civil cause of action described in ORS 30.862 shallbe an incident of racketeering activity for purposes of civil actions broughtunder ORS 166.715 to 166.735. [1993 c.768 §3]
Note: See note under162.117.